Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
B.Revathy – Appellant
Versus
Hariraj – Respondent
ORDER :
1. This civil revision petition challenges the very presentation of the suit in O.S.No.691 of 2023 on the file of the learned Principal District Munsif at Coimbatore.
2. The case of the plaintiff Mr.Hariraj is that he was adopted by one Mr.Boopathy on 11.02.1998. As Boopathy passed away on 26.02.2013, he claimed that he has succeeded to the estate of Boopathy by virtue of an adoption deed. The siblings of the deceased Boopathy had presented a suit in O.S.No.2639 of 2013 seeking for a declaration that they are the legal heirs of the deceased Boopathy. On that basis, they had proceeded to divide the properties among themselves.
3. The plaintiff claimed by virtue of the Hindu Succession Act, he is a Class-I heir and therefore, the decree in O.S.No.2639 of 2013 is null and void. Hence, he presented O.S.No.691 of 2023 to cancel the decree in O.S.No.2639 of 2013 dated 02.04.2014. The 1st defendant in the suit namely, Mrs.B.Revathy was the 5th plaintiff in O.S.No.2639 of 2013. Therefore, she was impleaded as a party to the suit and the present suit came to be filed.
4. Feeling aggrieved by the presentation of the plaint, Mrs.B.Revathy is on revision before me.
5. I heard Mr.V.Raghupath
The court ruled that an adoption deed is invalid if the adopted person is married and over the age limit, rendering the suit an abuse of process.
The main legal point established in the judgment is that the adoption deed was obtained by fraud and misrepresentation, and the physical act of giving and taking of adoption did not take place in acc....
The main legal point established in the judgment is the validity of the adoption deed and the plaintiff's lack of locus standi to question the adoption.
The burden of proof lies on the claimant to establish valid adoption as per statutory requirements; registered deeds are rebuttable and do not eliminate the need for actual proof.
The validity of adoption requires clear, cogent evidence of factum, including actual giving and taking; mere documentation is insufficient without proof of the legal requirements.
An adoption deed, once registered, is presumed valid under Section 16 of the Hindu Adoption and Maintenance Act unless disproved, and courts must provide reasons for any conclusions drawn against its....
Point of law: Capacity of a male Hindu to take in adoption-Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Provided that, if he has a ....
For a valid adoption under HAMA, proof of the adoptive mother's consent and the ceremony of giving and taking is mandatory; lack of such evidence invalidates the claim.
The main legal point established in the judgment is the requirement for evidence to prove the existence of local tribal or family custom permitting the adoption of a female child under ancient Hindu ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
